HomeMy WebLinkAbout11-05 Impact Analysis (2)Capers Valley Impact Analysis Statement
A. Introduction
CARPERS VALLEY REZONING
IMPACT ANALYSIS STATEMENT
May 2005
This report has been prepared for the purpose of assessing the impact on
Frederick County by the conditional rezoning of eleven parcels totaling
approximately 281.5acres, which are owned by JGR Three, LLC, Richard G.
and Donna C. Dick, Constance L. Tjoumas, Gregory L. Coverstone, Cynthia
Ann Pappas, Ellen LLC, LCR LLC, MDC Three LLC, Susan Sanders LLC,
Liberty Hill LLC, Thomas A. Dick, Timothy J. Dick, and Michael E. Dick
respectively. The parcels are identified as 64 -A -82, 83, 83A, 86, 87, and 87A.
The subject acreage is located on the south side of Millwood Pike (Route
50/17) across from The Ravens and Miller Heights subdivisions, and adjacent
to the JIC Industrial Park, Winchester Regional Airport, and the U.S. Army
Corps of Engineers Transatlantic Division Headquarters facility.
The site is currently zoned RA, and includes the existing Carper's Valley Golf
Club. This application proposes the rezoning of the 281.5 acre assemblage
to the R4 (Residential Planned Community) District.
The site is intended as a mixed use residential and employment center
anchored by roughly 100 acres initially reserved for the development of
federal government facilities. These significant employment uses will be
complemented by a variety of other commercial and service uses as well as
moderate to high density residential uses, all of which will be developed in a
functionally and aesthetically unified manner. Attainment of such an
integrated development program will occur through the application of uniform
design guidelines and the implementation of a multi -modal transportation
network, both of which will be proffered by the Applicants (see the attached
draft Proffer Statement).
The proposed rezoning will establish a neighborhood unique to Frederick
County, because of its explicit provision for a balanced mix of mutually
supportive uses in an area already served by public facilities and a good road
system. The presence of significant employment uses within the project will
catalyze a synergistic relationship between land uses that will enhance the
economic vitality of the area and achieve a more sustainable form of
development than has been the historic pattern in that area.
The Comprehensive Policy Plan identifies the planned use of the site as a mix
of business /office and transitional land uses. The mixed use employment
center concept proposed with this rezoning is consistent with this land use
vision, and provides for its realization in an efficient and dynamic manner that
is preferable to the single use pattern that has predominated within the Urban
Development Area (UDA).
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Carpers Valley Impact Analysis Statement
The Applicants believe that the proposed rezoning includes proffers that will
appropriately and effectively mitigate the impacts of this development
program and assure its completion in the manner envisioned by the
Applicants and by the County. The mixed use employment center land use
envisioned for the site is compatible with the surrounding community and
consistent with the land use policies of the Comprehensive Policy Plan. As
such, the Applicants submit that this rezoning request merits favorable
consideration and approval.
B. Comprehensive Policy Plan
The properties included with this rezoning request are all located within the
boundaries of the Route 50 East Corridor Land Use Plan. The properties are
located wholly within the Urban Development Area (UDA), and the Sewer and
Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan
envisions the area comprised by the subject parcels as developing with
business /office and transitional land uses. The properties are also located
within the boundaries of the Airport Support Area, which is intended to ensure
the long term viability of Winchester Regional Airport by encouraging the
development of compatible land uses in areas impacted by airport operations.
The proposed development program provides for a mix of employment,
general commercial, and moderate to high density residential land uses,
which will be developed in an integrated "walkable" setting. The majority of
the project acreage will be reserved for employment and commercial land
uses, with the remainder of the site planned for residential development.
The proposed development of employment and commercial land uses is
clearly in keeping with the applicable business /office land use designation.
Such uses are planned at several locations within the project, although the
most notable location is an approximately 100 -acre area adjacent to the
existing Corp of Engineers facility The Applicants propose to make this
portion of the property available for a sufficient time that they may include
such federal government facilities as the United States General Services
Administration (GSA) is actively seeking to locate in the Winchester- Frederick
County area. Additional acreage is reserved for commercial uses adjacent to
the shared boundary with Winchester Regional Airport. The proposed
employment use and commercial areas will thus ensure the establishment of
compatible, and complementary, land uses adjacent to the Airport thereby
satisfying the objectives of the Airport Support Area. Residential uses will be
appropriately buffered from the Airport so as to avoid the all- too common
conflicts between Airport operations and nearby homes.
Residential uses are proposed to extend north and east from the planned
employment and commercial areas to the project boundary formed by
Millwood Pike (U.S. Route 50/17). The residential component of the
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Carpers Valley Impact Analysis Statement
neighborhood will total no more than 750 units of varying types consistent
with the R4 zoning district. The planned residential uses will serve as a
distinct transition from the intensity of employment uses and airport
operations to the lower density suburban residential uses located on the
opposite side of Millwood Pike. The Route 50 East Corridor Land Use Plan
does not expressly identify either the intended composition or boundaries of
the designated transitional area, and the moderate to high density residential
uses proposed with this application will facilitate a reasonable transition of
uses along the corridor, and further provide the neighborhood with the land
use mix necessary to promote around the clock vitality.
The Applicants have proffered to reserve 10 acres for dedication to Frederick
County for use as a National Guard Armory facility. The provision of this land
will facilitate the retention of this important public facility in the Winchester
Frederick County area, particularly in view of Congressman Wolf's recent
success in obtaining substantial funding for a new facility. Upon its ultimate
relocation to the site, the Armory would provide a valuable neighborhood
amenity as a gathering and recreational space for residents and employees
alike, as well as an improved facility for an element of America's national
defense system that has taken on exceptional importance in the past decade.
The recreational needs of neighborhood residents will be further served by a
network of "hiker /biker" trails and other community recreation facilities.
The applicable land use policies of the Comprehensive Policy Plan promote
the establishment of business /office and transitional land uses on the subject
parcels. The proposed rezoning of the site to the R4 district is intended to
permit the development of a mixed use employment center, which will include
substantial areas for business and employment uses as well as
complementary residential uses. Such complementary uses will provide an
effective transition to established uses in the surrounding community.
Moreover, the configuration of land uses on the site will ensure compatibility
of the project with airport operations in keeping with the objectives of the
Airport Support Area.
The proposed rezoning of the subject acreage from RA (Rural Areas), to R4
(Residential Planned Community) is consistent with the land use policies of
the Comprehensive Policy Plan.
C. Suitability of the Site
1. Site Background and History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle)
identifies the subject parcels as being zoned R -1 (Residential Limited). The
parcels were re- mapped from R -1 to A -2 (Agricultural General) pursuant to
the County's comprehensive downzoning initiative (Zoning Amendment
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Carpers Valley Impact Analysis Statement
Petition #011 -80), which was adopted on October 8, 1980. The County's
agricultural zoning districts were subsequently combined to form the RA
(Rural Areas) District upon adoption of an amendment to the Frederick
County Zoning Ordinance on May 10, 1989. The corresponding revision of
the zoning map resulted in the re- mapping of the subject property and all
other A -1 and A -2 zoned land to the RA District.
2. Location and Access
The subject parcels are located on the south side of Millwood Pike (Route
50/17 East) across from The Ravens and Miller Heights subdivisions and
adjacent to the Prince Frederick Office Park and the Winchester Regional
Airport. The VDOT functional classification system identifies Millwood Pike as
a major arterial roadway. The land uses abutting the subject site to the east
and west are industrial and office, respectively, with the Winchester Regional
Airport adjacent to the south and single family residential uses located across
Millwood Pike to the north. The site is currently accessible via Millwood Pike
and Prince Frederick Drive.
3. Site Suitability
The subject parcels contain identified environmental features to include areas
of flood plain, wetlands, and steep slopes. But such features are minimal and
manageable through the zoning and site engineering process. In all cases,
disturbance will be limited in accordance with applicable regulatory standards.
Flood Plain
Flood plain data for the subject parcels is delineated on the Flood Insurance
Study Map for Frederick County prepared by the U.S. Department of Housing
and Urban Development, Community Panel #510063- 0115B, effective date
July 17, 1978. The majority of the site is located in Flood Zone C, which
denotes areas of minimal flooding outside of the 100 -year flood plain. Flood
Zone A, 100 -year flood plain, exists coincident with Sulfur Spring Run, which
traverses the frontage of the site, roughly parallel to Route 50. This portion of
the site is not planned for development except for road and utility crossings
thereby ensuring limited impact to the identified flood plain area.
Wetlands
The National Wetlands Inventory Map identifies four wetland features on the
site, all of which are man -made ponds associated with the existing golf course
use.
Soils and Steep Slopes
The General Soil Map of the Soil Survey of Frederick County, Virginia
indicates that the soils comprising the subject parcels fall under the Weikert-
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Carpers Valley Impact Analysis Statement
Berks Blairton soil association, which is the predominant association on land
located east of Interstate 81. As per map sheet #36 of the Soil Survey, the
site is comprised of nine distinct soil types. With the exception of a pit area
containing fill materials, all of the soil types identified on the site are suitable
for development. It is noted that the Weikert- Berks Blairton soil association
presents some limitations to site development due to a seasonal high water
table, depth to bedrock, and slope. These characteristics and any
implications for site development are manageable through the site
engineering process.
Steep slopes (areas of 50% slope or greater) exist along the frontage of the
site and adjacent to two ravines that drain the site to Sulphur Spring Run.
Some disturbance of these areas will be necessary to implement proffered
transportation improvements, as well as to implement the planned stormwater
management system. Pursuant to the Zoning Ordinance, any such
disturbance or re- grading shall be limited to no more than 25% of the area
comprised of steep slopes. The location and scope of the steep slopes
identified on the site do not compromise the suitability of the site for
development.
D. Transportation
The Carpers Valley project will be served by a multi -modal transportation
network designed to safely and efficiently accommodate automobile, bicycle
and pedestrian traffic. The transportation improvement program proffered
with this application will interconnect the various uses planned within the
project, and further integrate the project with the surrounding community. The
implementation of this program will occur in phases structured to coincide
with the introduction of land uses on the site, as specified by the draft Proffer
Statement (see attached). Detailed traffic impact studies will be completed
with each improvement phase to guide the design of the system and ensure
its capacity to achieve acceptable and manageable level of service conditions
on roads serving the project.
The external road system serving the site is comprised of Millwood Pike
(Route 50/17 East) and Prince Frederick Drive (Route 781). Millwood Pike is
a four lane major arterial roadway and Prince Frederick Drive is a two lane
minor collector road.
The transportation improvement program proffered by the Applicants consists
of two core elements that will tie the project into the existing external system
and provide the framework for internal access and mobility. These elements
are as follows:
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Carpets Valley Impact Analysis Statement
Major Collector Road #1 (Carpers Ridge Road)
A major collector road is proposed to extend across the site from Prince
Frederick Drive to Victory Lane, which, coupled with existing Costello Drive,
will ultimately provide a continuous route for vehicular traffic from the project
to Front Royal Pike. This collector road will consist of four travel lanes within
an 80 -foot right of way within the project boundaries, and will transition to two
travel lanes within a 60 -foot right of way from the east boundary through JIC
Industrial Park to its planned terminus at Victory Lane.
The path of the collector road through the industrial park will follow the current
right of way of Arbor Court, which is presently 60 -feet in width. The
Applicants will work with VDOT to identify opportunities to improve the
existing intersection of Arbor Court and Victory Lane to correct the current off-
set alignment with Independence Drive, to include installation of a "round -a-
bout," if feasible.
The proposed major collector road is a vital component of the proffered
transportation program, as it will inter connect the uses within the project and
provide linkages to the external road system via a parallel route to Millwood
Pike. The collector road will provide primary access to the employment and
business uses planned for Land Bay 2, to include the site reserved by the
Applicants for a future armory facility. Secondary access to the planned
residential land bay (Land Bay 1) will also be enabled by the major collector
road. Moreover, by providing an alternate means of east west access for
project generated traffic, the major collector road will ensure that impacts to
Millwood Pike are minimized, particularly at the Interstate 81 interchange
area.
Millwood Pike Entrance and Major Collector Road #2 (Coverstone Drive)
Direct project access from Millwood Pike will be limited to an entrance aligned
with Sulphur Spring Road (Route 655). This entrance will provide principal
access to Land Bay 1, which is planned to contain residential uses consisting
of mixed housing types, and will further serve as a primary project entrance
that will carry employment related traffic to Coverstone Drive. The
intersection of Sulphur Spring Road and Millwood Pike is currently controlled
by a three -way traffic signal. This signal will be upgraded by the Applicants to
a four -way signal upon construction of the entrance. The road extending into
Land Bay 1 from this entrance will be constructed as a four lane major
collector road within an 80 -foot right of way, and will connect with proposed
Coverstone Drive.
E. Sewage Conveyance and Water SuppIy
The existing golf course is served by an 8" sewer line that ties into the 12"
sewer main located on the south side of Millwood Pike along the frontage of
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Carpers Valley Impact Analysis Statement
the site. This infrastructure will be expanded pursuant to Frederick County
Sanitation Authority (FCSA) requirements to serve the entire site and enable
gravity flow to the existing main. The Abrams Creek interceptor will convey
effluent from the project for treatment at the Opequon Water Reclamation
Facility, which has the capacity to accommodate sewage projections.
A 12" water main currently extends through the central portion of the site.
The proposed development would connect directly to this existing line
pursuant to FCSA requirements. Sufficient water capacity exists to serve the
domestic and fire protection demands of the project.
F. Site Drainage
The site naturally drains north to Sulphur Spring Run via several pronounced
drainage divides. It is anticipated that low impact development techniques
together with good erosion control practice will mitigate adverse stormwater
discharge impacts. The preservation of riparian buffers containing existing
vegetation will provide significant mitigation of nutrient losses. Actual
specification of temporary and permanent facilities will be provided with final
engineering and will comply with all County, State and Federal regulations.
G. Solid Waste Disposal Facilities
Solid waste from the project will be deposited in the Frederick County landfill
following collection via private carrier(s) contracted by the homeowner's
association (HOA) for the residential portion of the project and by the
individual commercial /employment users.
H. Historic Sites and Structures
The Frederick County Rural Landmarks Survey includes one structure located
on the site, which is identified as the Heishland House 34- 1176). However,
this structure is neither included on the list of potentially significant resources
nor is it identified as eligible for eventual inclusion on the state or national
register of historic places. Moreover, pursuant to the National Park Service
Study of Civil War Sites in the Shenandoah Valley of Virginia the subject site
is not included in any battlefield study area and does not contain any core
battlefield resources.
I. Impact on Community Facilities
The Frederick County Fiscal Impact Model was run by planning staff to
project the fiscal impact on community facilities attributable to the proposed
rezoning. The output module generated by this analysis indicated that the
proposed land uses would result in a net positive fiscal impact. Nevertheless,
the applicant has proffered to contribute a total of $25,000 to Frederick
County for Fire and Rescue purposes. This contribution is offered in
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Carpers Valley Impact Analysis Statement
recognition of the unique demands on public safety services commonly
associated with commercial development.
J. Modifications
Per Section 165 -72.0. of the Frederick County Zoning Ordinance, an
applicant for R4 zoning may request modifications to provisions of the Code
of Frederick County governing physical development. Such modifications
may be sought to enable implementation of a design and /or land use concept
beneficial to the community that would not otherwise be permitted by existing
ordinances. The following modifications are requested with this rezoning
application:
1. Modification to Section 165 -71 of the Frederick County Zoning Ordinance
governing the mixture of housing types required within a planned
community.
Current Standard:
Proposed Standard:
No more than 40% of residentially designated
areas of a planned community may develop with
any of the following housing types: duplexes,
multiplexes, atrium houses, weak -link townhouses,
townhouses or garden apartments or any
combination of those housing types.
The residentially designated areas of a mixed use
employment center may develop with any
combination of housing types permitted by the
Frederick County Zoning Ordinance and the
approved proffer statement without limitation to the
percentage or ratio of any given housing type.
Justification: The proposed rezoning is sought to enable development of a
mixed use employment center, which is a type of planned community
development that is not expressly accommodated by the Zoning
Ordinance. The R4 district, however, is the only Frederick County zoning
category that is suitable for the development of a mix of land uses
pursuant to a single zoning category, where innovative design concepts
and standards may be created and applied. However, the R4 district is
oriented toward a predominantly residential development program (as
implied by its formal title Residential Planned Community) and its
requirements for a mixture of housing types as stated above befits a
project intended to develop with residential uses over a majority of its land
area.
In contrast, the land use program for a mixed use employment center
emphasizes reservation of greater amounts of land for commercial and
business uses, which results in less area available to locate the residential
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Carpers Valley Impact Analysis Statement
density necessary to achieve a balanced mix of land uses within the
project. The ordinance requirement promotes a residential mix dominated
by single family detached housing types. Such housing types are less
conducive to the limited residential areas of a mixed use employment
center given the greater land area required for individual lots.
The development of single family attached and multi family dwellings as
the predominant housing types in Carpers Valley is necessary to
complement and catalyze the business and commercial uses on the site.
Moreover, the availability of such housing in a planned community setting
within walking distance of employment, shopping, and commercial uses
will provide a positive although presently non existent choice for current
and future County residents.
2. Modification of Section 165 -72.D. of the Frederick County Zoning
Ordinance governing the maximum areas permitted for commercial or
industrial uses.
Current Standard: No more than 50% of the gross area of the
planned community shall be used for commercial
and industrial purposes.
Proposed Standard: No more than 60% of the gross area of the
planned community shall be used for business and
commercial purposes.
Justification: The proposed rezoning is sought to enable development of a
mixed use employment center, which is a type of planned community not
currently accommodated by the Frederick County Zoning Ordinance. The
R4 district is the only zoning category that is available to develop a mix of
land uses pursuant to a single zoning category wherein innovative design
standards may be applied. However, the R4 district is intended to
facilitate development of a principally residential project complemented by
relatively small areas of commercial and /or industrial uses. In contrast,
the land uses intended to predominate within a mixed use employment
center are business and commercial uses, with residentially designated
areas comprising a lesser amount of the total land area.
The mixed use employment center concept advanced through this
rezoning application requires the amount of land designated for
commercial and business uses to exceed the 50% limit of the R4 district.
The essential components of the proposed mixed use development
program are the employment and commercial uses planned for the site,
which may require significant acreage depending upon the ultimate users.
However, to ensure a mix of mutually supportive land uses, a minimum
amount of land needs to be reserved for residential uses. The modified
standard proposed with this application will facilitate development of a mix
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Carpers Valley Impact Analysis Statement
of land uses in a planned community setting consistent with the intent of
the R4 district, but with the notable distinction of elevating business and
commercial land uses to the forefront of the planned development
program.
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REZONING:
PROPERTY:
PROFFER STATEMENT
RZ.
281.5 Acres
RA to R4
Tax Map Parcels 64 -A -82, 83, 83A, 86, 87, and 87A (the
"Property
RECORD OWNER: JGR Three, LLC; Richard G. and Donna C. Dick;
Constance L. Tjoumas; Gregory L. Coverstone; Cynthia
Aim Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC;
Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick;
Timothy J. Dick; Michael E. Dick
APPLICANT: Miller and Smith Land, Inc.; Miller and Smith Coverstone,
PROJECT NAME: Carpers Valley
May 20, 2005
ORIGINAL DATE
OF PROFFERS:
REVISION DATA:
The undersigned owners hereby proffer that the use and development of the subject
property "Property as described above, shall be in strict conformance with the
following conditions, which shall supersede all other proffers that may have been made
prior hereto. In the event that the above referenced rezoning is not granted as applied for
by the Applicant "Applicant"), these proffers shall be deemed withdrawn and shall be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "Final Rezoning" defined as that rezoning which is in effect on the day upon which
the Frederick County Board of County Supervisors (the "Board grants the rezoning.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation
of any provision of the proffers. The improvements proffered herein shall be provided at
the time of development of that portion of the Property adjacent to or including the
improvement or other proffered requirement, unless otherwise specified herein. The term
"Applicant" as referenced herein shall include within its meaning all future owners,
assigns, and successors in interest. When used in these proffers, the "Master
Development Plan" shall refer to the plan entitled "Master Development Plan, Carpers
Valley" prepared by Patton Harris Rust Associates, (the "MDP dated May 20, 2005.
1. LAND USE
LLC
1.1 The project shall be designed to establish interconnected mixed -use
residential and commercial /employment Land Bays in conformance with
the MDP, and as is specifically set forth in these proffers.
1.2 All development, including street landscaping, shall be accomplished in
substantial conformance with the "Design and Development Standards
for Carpers Valley," prepared by PHR &A attached hereto and
incorporated herein by reference (the "Design and Development
Standardstwil
1.3 Except as modified herein, and except to the extent any portion of the
Property is owned by the United States or any department of agency
thereof, or by the Virginia National Guard, and exempt by law from
compliance with state and local land use ordinances and regulations,
areas for commercial use on the Property shall be developed in
conformance with the regulations of the Residential Planned Community
"R4 zoning district, as set forth in the Frederick County Code Article
VII, §165 -67 through §165 -72, as cross- referenced to Article X, §165-
82, Sections A through D inclusive, and §165 -83. All commercial
development on the Property shall comply with the aforesaid
regulations, or as may be otherwise approved by Frederick County, and
these Proffers.
1.4 Except as modified herein, areas of residential development on the
Property shall be developed in conformance with the regulations of the
Residential Planned Community "R4 zoning district, including
permissible housing types, as set forth in the Frederick County Code
Article VII, §165 -67 through §165 -72, as cross referenced to Article VI,
§165 -58, through §165 -66, and as set forth in the Design and
Development Standards. In the event that the Applicant elects to
construct any of the unit types that are set forth on the Design and
Development Standards, such units shall conform to the development
standards established therein. Unit types and lot layouts within these
residential Land Bays may comprise any of the permitted unit types
identified for those Land Bays as set forth on the MDP and the Design
and Development Standards, and authorized for the R4 district, and
these Proffers.
1.4.1 Residential development on the Property shall not exceed
750 dwelling units, with a mix of housing types permitted
in the R4 district, subject to the modifications as set forth in
the Design and Development Standards, and dwelling units
shall be constructed in the locations generally depicted on
the MDP and as further set forth herein.
1.5 Rental apartments and condominium units over retail and office uses
shall be permitted.
2. CONSTRUCTION OF A UNIFIED DEVELOPMENT
2.1 The Property shall be developed as one single and unified development
in accordance with applicable ordinances and regulations for the R4
zoning district, the MDP as approved by the Board, and this Proffer
Statement.
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3. RESERVATION OF COMMERCIAL PROPERTY FOR PUBLIC USES AND
DEDICATION OF PROPERTY FOR ARMORY USE
3.1 For a period of 24 months following Final Rezoning, the Applicant shall
reserve Land Bay 2 for potential acquisition or use by the United States
General Services Administration, for the location of any federal agency
or department, and shall reserve for potential acquisition by the Airport
that portion of any Land Bay designated for the Winchester Regional
Airport.
3.2 In addition to the foregoing, upon written request therefor the Applicant
shall dedicate approximately ten acres in Land Bay 3 to the Frederick
County Board of Supervisors on behalf of the Virginia National Guard
for use as a National Guard Armory, in the location generally depicted
on the MDP. In the event that no such request is made within 24 months
following Final Rezoning, such property may be employed for
commercial and employment uses as otherwise provided in these
Proffers and depicted on the MDP.
4. PHASING OF THE RESIDENTIAL DEVELOPMENTlw21
4.1 The residential portions of the Property shall be developed in two
phases. The two phases shall be authorized as follows:
4.1.1. Phase I. Residential development shall not exceed 300 dwelling
units prior to the completion of Coverstone Drive from Millwood
Pike to Carpers Ridge Road.
4.1.2. Phase II. Residential development shall not exceed an additional
450 dwelling units which may be constructed upon completion of
so much of Carpers Ridge Road which shall have been
constructed to access any residential Land Bay.
4.1.3. Commercial development. In anticipation of acquisition or use
of properties designated for commercial /employment use by the
United States, commercial and employment uses may be
constructed at any time.
4.2 Community improvements. Community- serving improvements including a
community center and a neighborhood swimming pool, and a dog park
shall be constructed in conjunction with residential development in Land
Bay 1. The location thereof shall be depicted on final subdivision plans
for such residential development.
5. ARCHITECTURE, SIGNAGE, AND LANDSCAPING:
5.1 All buildings on the Property shall be constructed using compatible
architectural styles. The Applicant shall establish one or more
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5.2 All signage within the Property shall be in substantial conformity with a
comprehensive sign plan that meets the requirements of the Zoning
Ordinance for signage, which shall be submitted in conjunction with the
first final site or subdivision plan for the Property.
6. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS
6.1 The Applicant shall design and build a public pedestrian bicycle trail
system to Department of Parks and Recreation standards that links
residential and commercial areas within the development. Said trails shall
be in the locations generally depicted on the MDP. To the extent that such
trails are not depicted on the MDP at the time of Final Rezoning, such
trails shall be connected with or linked to the internal street and sidewalk
network. Five foot sidewalks shall be constructed on all public streets and
a minimum of four foot sidewalks shall be constructed on private streets.
All combined pedestrian/bicycling trails shall be 10 feet wide, and shall
have an asphalt surface.
7. FIRE RESCUE:
7.1 The Applicant shall contribute to the Board the sum of per dwelling
unit for fire and rescue purposes, payable upon the issuance of the first
residential building permit for each such unit.
7.2 Following Final Rezoning, the master HOA to be created in accordance
herewith shall contribute annually on or before July 1 of each year, the
sum of $100 per constructed residential unit, and $100 per 1000 square
feet of constructed commercial (not including any land owned by the
United States or the Virginia National Guard), to the volunteer fire and
rescue company providing first due service to the Property. Such
contribution shall terminate if and when such company converts to a fully
paid service. The contribution provided for herein shall increase at the
rate of five dollars per residential unit or per 1,000 square feet of
commercial development each calendar year. Such contribution shall be
monitored and enforced by the master HOA.
8. SCHOOLS:
Architectural Review Boards through the required Homeowner and
Property Owner Associations to be created to enforce and administer a
unified development plan in general conformity with the Design and
Development Standards.
8.1 The Applicant shall contribute to the Board the sum of per dwelling unit
for educational purposes, payable upon the issuance of a building permit
for each such unit.
9. PARKS OPEN SPACE:
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9.1 The Applicant shall contribute to the Board the sum of per dwelling unit
for recreational purposes, payable upon the issuance of a building permit
for each such unit.
10. LIBRARIES•
10.1 The Applicant shall contribute to the Board the sum of per dwelling unit
for library purposes, payable upon the issuance of a building permit for
each such unit.
11. ADMINISTRATION BUILDING:
11.1 The Applicant shall contribute to the Board the sum of to be used for
construction of a general governmental administration building upon
issuance of a building permit for each such unit.
12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION:
12.1 The homeowners association to be created in accordance herewith shall be
created contemporaneously with the first final site or subdivision plan
submitted for the Property.
12.2 The residential portion of the development shall be made subject to one or
more homeowners' association(s) (hereinafter "HOA that shall be
responsible for the ownership, maintenance and repair of all common
areas, including any conservation areas that may be established in
accordance herewith not dedicated to the County or others, and
stormwater management facilities not dedicated to public use, for each
area subject to their jurisdiction, and shall be provided such other
responsibilities, duties, and powers as are customary for such associations
or as may be required for such HOA herein. If there is more than one such
association, the Applicant shall create a master HOA with respect to the
entire development that shall, among other things, have responsibility for
assuring compliance with design guidelines and standards, signage
requirements, and similar matters. If only one such HOA is created, it
shall be the master HOA for purposes of these proffers.
12.3 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of residential lots; (iii) private streets serving the residents
who are members of such association; (iv) common solid waste disposal
and recycling programs, including curbside pick -up of refuse by a private
refuse collection company, and (v) responsibility for the perpetual
maintenance of any street, perimeter, or road buffer areas, all of which
buffer areas shall be located within easements to be granted to the HOA if
platted within residential or other lots, or otherwise granted to the HOA by
appropriate instrument.
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12.4 Any commercial elements of the development (with the exception of any
property owned or leased by the United States, the Board of Supervisors,
or the Winchester Regional Airport) shall be made subject to one or more
property owners' association(s) (hereinafter "POA which shall be sub
association(s) of the master HOA. Such POA(s) shall be responsible for
the ownership, maintenance and repair of all common areas, including any
conservation areas that may be established in accordance herewith not
dedicated to the County or others, and stormwater management facilities
not dedicated to public use for each area subject to their jurisdiction, and
shall be provided such other responsibilities, duties, and powers as are
customary for such associations or as may be required for such POA
herein. If there is more than one such association, the Applicant shall
create an umbrella POA with respect to the entire development that shall,
among other things, have responsibility for assuring compliance with
design guidelines and standards, signage requirements, and similar
matters.
12.5 In addition to such other duties and responsibilities as may be assigned, a
POA shall have title to and responsibility for (i) all common open space
areas not otherwise dedicated to public use, (ii) common buffer areas
located outside of commercial lots; (iii) private streets serving the
businesses and/or residents who are members of such association; (iv)
common solid waste disposal and recycling programs to include dumpster
and contract carrier services provided by a private refuse collection
company, and (v) responsibility for the perpetual maintenance of any
street, perimeter, or road buffer areas, all of which buffer areas shall be
located within easements to be granted to the POA if platted within
commercial or other lots, or parcels, or otherwise granted to the POA by
appropriate instrument.
13. WATER SEWER:
13.1 The Applicant shall be responsible for connecting the Property to public
water and sewer, and for constructing all facilities required for such
connection at the property boundary. All water and sewer infrastructure
shall be constructed in accordance with the requirements of the Frederick
County Sanitation Authority.
14. ENVIRONMENT:
14.1 Stormwater management and Best Management Practices (BMP) for the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 for the
purpose of providing the highest order of stormwater control in existing
Virginia law at the time of construction of any such facility.
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14.2 The Applicant provide notice in all sales literature, in covenants,
conditions and restrictions for any homeowners' or property owners'
associations, of the adjacency of the Winchester Regional Airport. The
Applicant shall consult with the Executive Director of the Airport with
respect to the granting of a reasonable avigation easement. The Applicant
shall provide noise attenuation treatment for residential units within the 65
Ldn zone.
15. TRANSPORTATION:
15.1 The major roadways to be constructed on the Property shall be constructed
in the locations depicted on the MDP, with reasonable adjustments
permitted for final engineering and as otherwise provided hereintw3j.
15.1.1. Except as otherwise provided below, the Applicant shall design
Carpers Ridge Road as a section with raised medians on an 80'
right -of -way as determined by the TIA provided for hereinbelow.
The Applicant shall submit a street tree plan for approval by the
Director of Planning as part of the design of Carpers Ridge Road.
The Applicant shall so design Carpers Ridge Road from Prince
Frederick Drive to the easternmost Property boundary, but shall
design and construct Carpers Ridge Road only as a two -lane
section on a 60' right -of -way from the easternmost Property
boundary to Victory Lane.
15.1.1.1. Carpers Ridge Road shall be constructed in three
phases as set forth herein:
15.1.1.1.1. Phase I shall consist of the two -lane
section from Victory Lane to the
eastemmost Property boundary, and a
section from that point to a point
immediately west of the proposed site
for the National Guard Armory. This
Phase shall be completed prior to
occupancy by the National Guard.
15.1.1.1.2. Phase II shall consist of a section from
Prince Frederick Drive to a point
immediately to the east of the entrance
to any federal facility potentially to be
constructed in Land Bay 2. This Phase
shall be constructed prior to occupancy
by any such federal facility.
15.1.1.1.3. Phase III shall consist of the
completion of Carpers Ridge Road
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from Phases I and II to complete the
road through the project. This Phase
will consist of a section that shall be
completed prior to the issuance of
601 residential building permit.
15.1.1.2. The final location of Carpers Ridge Road may be
adjusted from that depicted on the MDP upon the
approval of the Director of Planning and VDOT in
the event that the United States General Services
Administration advises the County and the
Applicant that it requires either an amount of
property, a parcel shape, or direct access to the
Winchester Regional Airport, that requires such
relocation. The final location of Carpers Ridge
Road shall be consistent with these requirements
and sound engineering practices.
15.1.2. The Applicant shall design and construct a major collector road
proposed to be denominated Coverstone Drive, in the general
location depicted on the MDP as a four -lane section on an 80'
right -of -way in Land Bay 1. No direct lot access shall be
permitted from Coverstone Drive, provided that lots may front
thereon, and the Applicant shall submit a street tree plan for
approval by the Director of Planning as part of the design of
Coverstone Drive in lieu of a requirement for a road efficiency
buffer. The road shall be constructed to Carpers Ridge Road
prior to the issuance of the 301 residential building permit.
15.2 The Applicant shall provide for future interconnection with Inverlee Way
at such time as that road is extended south of Millwood Pike, upon the
development of adjoining property presently owned by others. The
Applicant shall construct a stub -out for a four -lane major collector within
existing VDOT right -of -way, subject to VDOT approval, at a point
compatible with such extension of Inverlee.
15.3 The Applicant shall make no other connection to Millwood Pike than
those provided for herein.
15.4 The Applicant shall upgrade the existing signal at Sulphur Springs Road
from a three- to a four -way signal.
15.5 The Applicant shall close the existing Carper's Valley Golf Club entrance
on Millwood Pike, to include closure of the corresponding crossover on
Millwood Pike, concurrently with construction of Carpers Ridge Road to
GSA entrance (Land Bay 2).
15.6 Following Final Rezoning, and subject to a scoping session with the
Director of Planning and VDOT that includes all relevant intersections and
road segments in a reasonable study area to be defined by the parties, the
Applicant shall prepare a Traffic Impact Analysis for the entire Property.
Such TIA shall be done in order to make a determination as to an efficient
traffic circulation pattem and intersection connections within the Property,
on adjacent roads to be accessed from within the Property, and on
Millwood Pike, and to determine the proper design of each such
intersection and road segment. The Applicant may alter locations of roads
as approved by the County and VDOT from those depicted on the MDP in
order to accommodate such traffic analyses, and as is otherwise provided
in these Proffers.
15.7 The Applicant shall use its best efforts to obtain any necessary off -site
right -of -way required for the completion of any traffic improvements
othenvise provided for herein at a commercially reasonable cost, but shall
not be required to construct any improvements, including traffic
signalization, if such right -of -way cannot be obtained by it, or if such
right -of -way is not obtained by governmental authorities either by
donation, purchase, or through the use of their powers of eminent domain.
15.8 All public right -of -ways shall be dedicated to Frederick County as part of
the subdivision approval process, consistently with applicable Virginia
law.
15.9 All public streets and roads shall be designed in accordance with the
Virginia Department of Transportation specifications, and subject to
review and approval by the Frederick County and VDOT.
15.10 All private streets and roads shall be constructed in accordance with the
Virginia Department of Transportation standards therefor and as may be
modified by the County, and shall be owned and maintained by the
homeowners or property owners association served by such streets or
roads.
16. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
16.1 The Applicant shall conduct or cause to be conducted a Phase I
Archaeological Investigation of the Property, prior to the approval of the
first final site or subdivision plan for the Property, and shall cause Phase II
and 1I1 investigations thereof as may be demonstrated to be necessary by
the Phase I study.
17. ESCALATOR CLAUSE
17.1 In the event the monetary contributions set forth in the Proffer Statement
are paid to the Frederick County Board County Supervisors "Board
within 30 months of the approval of this rezoning, as applied for by the
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Applicant, said contributions shall be in the amounts as stated herein. Any
monetary contributions set forth in the Proffer Statement which are paid to
the Board after 30 months following the approval of this rezoning shall be
adjusted in accordance with the Urban Consumer Price Index "CPI -U
published by the United States Department of Labor, such that at the time
contributions are paid, they shall be adjusted by the percentage change in
the CPI -U from that date 30 months after the approval of this rezoning to
the most recently available CPI -U to the date the contributions are paid,
subject to a cap of 5% per year, non compounded.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
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